Q: I am the sole beneficiary, executor, and holder of healthcare and durable powers of attorney for my 98-year-old mother.
All the above documents were created when she still split her time between the states of Connecticut and Florida, and the documents identify her as a resident of Connecticut. She changed her residency to Florida in 2014. Will her documents be invalid because of this change? I fear showing up to the hospital and not having her healthcare PoA accepted, not to mention the other docs…
A: They should be honored in any state your mother moves to, so long as they were legally created and signed in accordance with the state of origin. That being said, I always advise my clients to make an appointment with an estate lawyer in the state where they relocate, just to be sure their documents do not need to be updated under the new state's laws, or to address any potential issues. Of course, your mother will need to be competent to sign any new documents. This is probably more relevant to any general financial power of attorney than the healthcare POA. Florida, given its large elderly population and history of dealing with elder financial abuse, has a very robust set of laws addressing agents acting under powers of attorney, so there may be some issues that require specific language or statutorily required provisions. North Carolina, for another example, requires very specific language to transfer real property under a will, and if your out-of-state will does not contain that exact language, then the real property passes to the heirs at law as if there was no will. I believe NC may be the only state with that specific peculiarity, but it is a good idea to take your documents for a review by local estate counsel just in case.
A:
As another attorney noted, planning documents valid when created remain valid when the planner moves.
That said, if the planner is still competent, it can be a good idea to re-do financial Powers of Attorney in the new state, among other reasons because institutions in that state will be more familiar with their own state's statutory requirements and the POA will not get bogged down in legal review at some bank or other institution. Of course, it isn't always possible to redo planning documents after a move.
While not legal advice I hope this general information helps.
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